States need ‘immediate assurance’ from Sessions and Department of Justice

A bipartisan group of senators sent a letter to Attorney General Jeff Sessions on Thursday, urging their former colleague not to undo a 2013 policy permitting states to set their own recreational marijuana regulations.

Led by Senator Elizabeth Warren (D-Massachusetts) and Senator Lisa Murkowski (R-Alaska), the push is a response to recent mixed messages from the Trump administration on whether it will enforce federal law which still bars recreational marijuana use, or leave the decision to implement the federal policy to the states.

Sessions, speaking to the National Association of Attorneys General on Tuesday, had said he was “dubious about marijuana.” Less than a week before, at a White House briefing, Press Secretary Sean Spicer cautioned that “greater enforcement” of the federal statute could come and later likened recreational pot use to the opioid addiction crisis happening across the country.

For some senators, however, the possibility of “greater enforcement” signals an intrusion into states’ rights in a way that is concerning.

“It is essential that states that have implemented any type of practical, effective marijuana policy receive immediate assurance from the [Department of Justice] that it will respect the ability of states to enforce thoughtful, sensible drug policies in ways that do not threaten the public’s health and safety,” the group wrote.

Though legal in some states, marijuana remains a Schedule I drug

Eight states and Washington, D.C. have legalized the recreational use of marijuana. Twenty-eight states in total have comprehensive medical marijuana laws, and 17 have limited use or limited criminal defense laws for marijuana that is used for a medicinal purpose.

Federal law, however, still classifies marijuana as a Schedule I drug, one with “no currently accepted medical use.” As recently as August, the Drug Enforcement Administration (DEA) refused to change that designation — meaning the federal government is still armed with the authority to arrest, charge, and prosecute pot growers, buyers, or sellers in states where marijuana is legal.

“Give me a break,” Sessions said, referring to a Washington Post article on marijuana as a treatment for opiate addiction. “This is the kind of argument that’s been made out there, just almost a desperate attempt to defend the harmlessness of marijuana, or even its benefits. I doubt that’s true. Maybe science will prove I’m wrong, but at this point in time you and I have a responsibility to use our best judgment.”

Senators’ concerns of overreach may be overblown

Though the senators’ letter was celebrated by some constituents on social media, the concern may be overblown.

Politico reported Thursday that behind closed doors prior to his confirmation Sessions assured some GOP senators that Department of Justice will not be implementing “greater enforcement” measures for recreational marijuana. The attorney general’s previous comments had bothered some conservative officials, who felt that a decision to crack down on legal pot would be an unwelcome overreach.

“He told me he would have some respect for states’ right on these things,” Senator Rand Paul (R-Kentucky), told Politico. “And so I’ll be very unhappy if the federal government decides to go into Colorado and Washington and all of these places. And that’s not [what] my interpretation of my conversation with him was. That this wasn’t his intention.”

Upending the Obama-era legal pot directive would not only be unpopular with some senators, but unfavorable to the majority of Americans. It would also be difficult, as the DEA only has about 4,600 employees, which would likely need to coordinate big, costly operations in states in which law enforcement has no laws against marijuana to enforce. A federal crackdown in the courts might also eliminate many of the regulations and oversight set by states which permit the use of marijuana.

On the flip side, making marijuana legal for recreational use nationwide would generate millions in tax revenue, advocates claim, and allow for more oversight into a growing industry. Just one year after becoming the first state to allow the purchase and sale of marijuana, Colorado raked in $53 million in revenue.